We were divorced eight months ago and I gave her the house, car and she took on certain credit card debts. In the decree it says she was supposed to have my name removed from these things within six months of the divorce. She's lied and said that she has but it hasn't been done and she is getting remarried in less than a month and my name is still on the house they will be living in. It's making it so I can't get another mortgage or even a car loan because it still shows me as the owner of these things on my credit. What can I do if she's not complying with the decree? Can I sell the house now since it's still in my name or do I need to get the decree changed since she won't remove my name?
Bear in mind, any divorce agreement also becomes a court order once it is endorsed by the Judge. You will need to file the appropriate motion or petition with the court. This is not just between you and your ex spouse, it is now between you, your ex-spouse and the Court. You can enforce the decree and seek contempt and other relief for her failure to follow the decree as ordered. Yes, the decree can be modified either by agreement or by establishing a change of circumstances has occurred. Perhaps she has been unable to make these changes because her credit is bad? I would consult an attorney and make sure you do not run afoul of the court order yourself. Yes, there is some bureaucracy to cut through but you will be best served in the long run by going through the proper channels.
You need to file a motion for order to show cause to enforce the terms of the decree she is not complying with. I recommend hiring a lawyer to help you pursue this with the court. If she is not going to refinance the home to have you removed, you can ask the court to force a sale.
Sorry this is happening. This sort of situation is never fun. We just finished a very similar case, and the ex's behavior kept my client from buying a new house and moving on with her life.
What you will need to do is file a motion for contempt, ask for your attorney fees, and request the Court order she sell the home or to remove your name within two weeks or a month. Courts will do this, especially if she has lied to you about her obligations under your Divorce Decree.
You will need to discuss your situation with an attorney. This situation is complicated enough that I wouldn't suggest trying things on your own. Many of us offer free initial consultations.
How stressful! I'm sorry you're facing financial issues as a result of your wife's failure to follow the order. Fortunately, the court has a system for dealing with such things. If a party doesn't follow the Court's order, the other person has to let the Court know about it, and ask the Court to do something, by filing a "Motion for Order to Show Cause," and supporting documents. Your ex will have a specific amount of time to respond to that motion, and then the Court will hold a hearing to enter orders addressing the situation.
Some of the things the Court might do include giving her a set time to refinance; requiring her to list the home for sale if she doesn't meet that deadline; ordering her out of the house for the sale; giving you the opportunity to sell the home; ordering her to pay your attorney's fees for having to address these issues; etc. There are quite a few contempt options.
You should definitely NOT do something about it on your own, like selling the house. If she's done something wrong, but you haven't, you have a good chance of the Court ordering her to reimburse you for your attorney's fees for the process. If you've both done something wrong, you won't be awarded fees.
As for changing the decree, that's only necessary if you want to modify or change something that was ordered in the decree. In this case, you don't want to change anything, you just want her to follow the agreement as written.
You will definitely want to hire an attorney to help you through this process! Best of luck!
While my colleagues have addressed what you can do, I will tell you why it is important for you to do this immediately. IF something were to happen at the home (someone gets injured there for example), with your name still on it, they could potentially go after you in a lawsuit as well. You may be indemnified in your decree, but then you would have to seek the reimbursement back from your spouse. Additionally, you can't get your loans because your debt to income is still to high, so no creditors are looking at you, and those that will want higher interest rates. You most likely cannot sell the house, remember that it is not yours anymore as she was awarded it in the decree, plus if her name is on the documents, she will have to sign off on the sale anyways. You need to get into court immediately and get this remedied so you can move on with your life, without these types of worries. Hire an attorney and include his fees in what you are asking the court for. You need to meet with someone asap. There are lawyers like myself who even do weekend appointments so you can get filed quickly and start feeling better.
